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30 day notice to quit

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D

djdj

Guest
Of course NOT.. you have NOT been evicted in a court of law and this is still America not some third world dictatorship

So its time to use the race card on her, tell her we will see a lawyer tomorrow, and will be filing discrimination charges against her and her husband, and that you are not moving!

Lets she what she does next.....

If she really throws a temper tantrum, the press will have a field day with her, especially if you call the police and press charges..

We are on your side...

[Edited by djdj on 01-22-2001 at 11:12 PM]
 


L

living in md

Guest
I wrote a letter to my landlord as Halket had advised. She sent a letter to me stating that I was in default of the lease. My lease states that I have a 5 day grace period to pay rent. It states that anything paid after 5 days is subject to a late penalty fee. It then states that if I am in default of rent that the relationship can be terminated. Am I in default if it was paid with the late charges as stated in the lease? She also stated that I am to be out no later than Feb 11th and that a carpet cleaning service will be here in the morning of Feb 12th. She also stated that rent is due in full on Feb 1. Please help.
 
D

djdj

Guest
She still has to evict you in court .......I still would call her a racist and fight her... a judge would understand.

I think that it is two separate issues not one as the landlord thinks.....Being in default of your rent means you have not paid it or the late fee..which you have, PLUS the landlord MUST give you notice of what you are in default of, then give you say 10 days to cure the default..if you dont...THEN AND ONLY THEN would the landlord be able to terminate the lease...and then, She has to evict you in a court of law,

Also she has NO RIGHT to get carpet cleaners in......you have not been evicted in a court of law..if they show up well let them and and thank the landlord for cleaning your carpets...

Time to learn about our legal system....she will accuse you of all sorts of things so you will have to call her a racist... i far as i am concered, fair is fair.

SO are you starting to get what this is all about?

Each piece is important to the puzzle, the landlord has to do certain things in order to evict you and she hasnt!

And even if you dont pay the rent next month she still has to notify you of the breech and give you time to pay her....but i would pay her and lets see if we can have her arrested on the 12th when she goes insane and tries to throw your stuff on the street, boy you can sue her for a LOT of MONEY then..

OR you can get trashy with her ... Come on show me where a judge has ordered us out....come on you asssshole racist landlord

You still have a valid LEGAL lease.....and now a chance to sue the krap out of the landlord if you are tough enough.

NOT bad kiddo.......

[Edited by djdj on 01-27-2001 at 07:45 PM]
 
L

living in md

Guest
In the letter she stated that I waived all rights and that what she says is how it is. Is this even legal? She also has said she has new tenants.
 
D

djdj

Guest
It still goes back to the same answer you have a valid legal lease.

How does she figure you gave up you rights.explain
 
D

djdj

Guest
OH OH she is deep doo doo now.....she accepted tenants without even evicting you...whoo hoo...

Now the new tenants can sue her too,for all their damages if you dont move... i like this...
 
L

living in md

Guest
I think she doesn't think that I know my legal rights. What she is trying to say is that I have waived all rights as far as this going to district court and that what she decides is how it is. She stated that this is her decision and she hopes my family finds "adequate housing." I guess she is referring to the shack that she says we belong in.
 
D

djdj

Guest
as you can tell I like nailing asssholes to the cross and this one deserves it.

what no explaination as to how or why you gave up your rights..hmmm

NOBODY in America can give up their rights to seek a remedy in the courts...maybe she is a communist or a member of the KKK or worse a secret Nazi!

[Edited by djdj on 01-27-2001 at 07:59 PM]
 
L

living in md

Guest
I've been informed that where I live in Maryland is not tenant friendly. Any advise?
 
D

djdj

Guest
I really dont see how she can get away with this it is so minor a problem, it defies belief that a judge would evict you.

Over what a late payment of rent, and you paid the late fee....unbeliveable

So go to court and present everything to a judge, i would be flabbergasted at her doing this...and i hope the judge would throw her in jail for harassment....

and If on the outside small chance a judge agreess with the landlord, you still can appeal the evcition and stop any action if you file immediately. You always have another appeal.

Why do you think it takes mass murderers 15 years to get executed ...appeals appeals appeals.
 
L

living in md

Guest
If I weren't already married...you would be perfect. God, I hope you are right. I hope New York law is close to Maryland law.
 
D

djdj

Guest
start with this:

http://mgasearch.state.md.us/search97cgi/s97is.dll



here is one section:


§ 8-402.
Real Property

(a) (1) A tenant under any lease or someone holding under the tenant, who shall unlawfully hold over beyond the
termination of the lease, shall be liable to the landlord for the actual damages caused by the holding over.

(2) The damages awarded to a landlord against the tenant or someone holding under the tenant, may not be less
than the apportioned rent for the period of holdover at the rate under the lease.

(3) (i) Any action to recover damages under this section may be brought by suit separate from the eviction or
removal proceeding or in the same action and in any court having jurisdiction over the amount in issue.

(ii) The court may also give judgment in favor of the landlord for the damages determined to be due together
with costs of the suit if the court finds that the residential tenant was personally served with a summons, or, in the case of a
nonresidential tenancy, there was such service of process or submission to the jurisdiction of the court as would support a
judgment in contract or tort.

(iii) A nonresidential tenant who was not personally served with a summons shall not be subject to personal
jurisdiction of the court if that tenant asserts that the appearance is for the purpose of defending an in rem action prior to the
time that evidence is taken by the court.

(4) Nothing contained herein is intended to limit any other remedies which a landlord may have against a holdover
tenant under the lease or under applicable law.

(b) (1) (i) Where any interest in property shall be leased for any definite term or at will, and the landlord shall
desire to repossess the property after the expiration of the term for which it was leased and shall give notice in writing one
month before the expiration of the term or determination of the will to the tenant or to the person actually in possession of the
property to remove from the property at the end of the term, and if the tenant or person in actual possession shall refuse to
comply, the landlord may make complaint in writing to the District Court of the county where the property is located.

(ii) 1. The court shall issue a summons directed to any constable or sheriff of the county entitled to serve
process, ordering the constable or sheriff to notify the tenant, assignee, or subtenant to appear on a day stated in the summons
before the court to show cause why restitution should not be made to the landlord.

2. The constable or sheriff shall serve the summons on the tenant, assignee, or subtenant on the property,
or on the known or authorized agent of the tenant, assignee, or subtenant.

3. If, for any reason those persons cannot be found, the constable or sheriff shall affix an attested copy of
the summons conspicuously on the property.

4. After notice to the tenant, assignee, or subtenant by first-class mail, the affixing of the summons on the
property shall be conclusively presumed to be a sufficient service to support restitution.

(iii) Upon the failure of either of the parties to appear before the court on the day stated in the summons, the
court may continue the case to a day not less than six nor more than ten days after the day first stated and notify the parties of
the continuance.

(2) (i) If upon hearing the parties, or in case the tenant or person in possession shall neglect to appear after the
summons and continuance the court shall find that the landlord had been in possession of the leased property, that the said lease
or estate is fully ended and expired, that due notice to quit as aforesaid had been given to the tenant or person in possession
and that the tenant or person in possession had refused so to do, the court shall thereupon give judgment for the restitution of
the possession of said premises and shall forthwith issue its warrant to the sheriff or a constable in the respective counties
commanding the tenant or person in possession forthwith to deliver to the landlord possession thereof in as full and ample
manner as the landlord was possessed of the same at the time when the leasing was made, and shall give judgment for costs
against the tenant or person in possession so holding over.

(ii) Either party shall have the right to appeal therefrom to the circuit court for the county within ten days from
the judgment.

(iii) If the tenant appeals and files with the District Court an affidavit that the appeal is not taken for delay, and
also a good and sufficient bond with one or more securities conditioned that the tenant will prosecute the appeal with effect
and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss
or damage which the landlord may suffer by reason of the tenant's holding over, including the value of the premises during the
time the tenant shall so hold over, then the tenant or person in possession of said premises may retain possession thereof until
the determination of said appeal.

(iv) The appellate court shall, upon application of either party, set a day for the hearing of the appeal, not less
than five nor more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite
party or that party's counsel at least 5 days before the hearing.

(v) If the judgment of the District Court shall be in favor of the landlord, a warrant shall be issued by the
appellate court to the sheriff, who shall proceed forthwith to execute the warrant.

(3) (i) The provisions of this subsection shall apply to all cases of tenancies from year to year, tenancies of the
month and by the week. In case of tenancies from year to year (including tobacco farm tenancies), notice in writing shall be
given three months before the expiration of the current year of the tenancy, except that in case of all other farm tenancies, the
notice shall be given six months before the expiration of the current year of the tenancy; and in monthly or weekly tenancies, a
notice in writing of one month or one week, as the case may be, shall be so given.

(ii) This paragraph (3), so far as it relates to notices, does not apply in Baltimore City.

(iii) In Montgomery County, except in the case of single family dwellings, the notice by the landlord shall be two
months in the case of residential tenancies with a term of at least month to month but less than from year to year.

(4) When the tenant shall give notice by parol to the landlord or to the landlord's agent or representatives, at least
one month before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least
three months' notice in all cases of tenancy from year to year (except in all cases of farm tenancy, the notice shall be six
months), of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that
time, and the landlord, the landlord's agent, or representative shall prove the notice from the tenant by competent testimony, it
shall not be necessary for the landlord, the landlord's agent or representative to provide a written notice to the tenant, but the
proof of such notice from the tenant as aforesaid shall entitle the landlord to recover possession of the property hereunder.
This paragraph shall not apply in Baltimore City.

(5) Acceptance of any payment after notice but before eviction shall not operate as a waiver of any notice to quit,
notice of intent to vacate or any judgment for possession unless the parties specifically otherwise agree in writing. Any payment
accepted shall be first applied to the rent or the equivalent of rent apportioned to the date that the landlord actually recovers
possession of the premises, then to court costs, including court awarded damages and legal fees and then to any loss of rent
caused by the holdover. Any payment which is accepted in excess of the foregoing shall not bear interest but will be returned to
the tenant in the same manner as security deposits as defined under § 8-203 of this title but shall not be subject to the penalties
of that section.

(c) Unless stated otherwise in the written lease and initialed by the tenant, when a landlord consents to a holdover
tenant remaining on the premises, the holdover tenant becomes a periodic week-to-week tenant if the tenant was a
week-to-week tenant before the tenant's holding over, and a periodic month-to-month tenant in all other cases.

 
L

living in md

Guest
But she has me for breach of lease. And while the breach of lease is for late payment I really do not know how that works in Maryland.
 

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